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PROFORMA PARTNERS, L.P. v. SKADDEN ARPS SLATE MEAGHER & FLOM, L.L.P.

280 A.D.2d 303 (2001)

720 N.Y.S.2d 139

PROFORMA PARTNERS, L.P., Appellant, v. SKADDEN ARPS SLATE MEAGHER & FLOM, L. L. P., Respondent. PROFORMA PARTNERS, L.P., Appellant, v. FIRST TRUST, N.A., Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 6, 2001.

When a nonresident sues in New York's courts on a cause of action accruing outside New York, CPLR 202, the so-called "borrowing statute," requires that the cause of action be timely under the limitation periods of both New York and the jurisdiction where the claim arose (see, Global Fin. Corp. v Triarc Corp., 93 N.Y.2d 525, 528). Generally, "a cause of action [sounding in tort] accrues at the time and in the place of the injury,...

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